Tag: United States of America (USA)

On May 16, the U.N. Human Rights Council in Geneva, Switzerland held a 210-minute public hearing on its third Universal Periodic Review (UPR) of Cuba’s human rights record. The hearing consisted of Cuba’s report by its Foreign Minister, Bruno Rodriguez, and other Cuban officials; comments and recommendations by 140 countries (50 seconds each for a total of approximately 117 minutes); and responses by the Cuban officials.

Before the hearing,, the Council received Cuba’s human rights report, a summary of U.N. information about Cuba, reports from stakeholders (human rights organizations and others); and advance questions from some U.N. Members. The 224 submissions from stakeholders, for example, included around 17 that said Cuba’s constitutional and legislative framework “guaranteed the enjoyment of all human rights and fundamental freedoms.” The Cuban Human Rights Observatory, and others, on the other hand, said that Cuba had not undertaken any reforms to promote the exercise of political freedoms.[1]

“From the times of the US military occupation, which severed our independence, under the governments it imposed, 45 per cent of children did not attend schools; 85 per cent of persons lacked running water; farmers lived in abject poverty without ever owning the land they tilled and immigrants were brutally exploited. In Cuba [during those years], workers and farmers had no rights. Extrajudicial execution, enforced disappearances and torture were recurrent. Discrimination based on the color of the skin was brutal; poverty was rampant and women and girls were even more excluded. The dignity of Cubans was tarnished and Cuba’s national culture was trampled upon.” (Emphasis added.)

“The Cuban Revolution led by Commander in Chief Fidel Castro Ruiz transformed that reality and continues to strive to improve the quality of life, wellbeing and social justice for all of our people, thus implementing all human rights. That willingness to protect human dignity, provide equal opportunities and ‘conquer all the justice,’ has remained unchanged and unswerving until today.”

“Our country has continued to take steps to further improve its economic and social development model with the purpose of building a sovereign, independent, socialist, democratic, prosperous and sustainable nation by strengthening the institutional structure of our political system, which is genuinely participatory and enjoys full popular support.”

In accordance with the Constitution, we have continued to strengthen the legal and institutional framework for the protection and promotion of those rights, and we have introduced modifications and proposals adapted to the needs and realities of the Cuban society and international standards. The attention to citizens has been equally improved by means of the expansion of the mechanisms, ways and recourses in the hands of the population to denounce any infringement of the legal system or their rights; file claims or petitions to the competent authorities; channel up their opinions and concerns and actively participate in the adoption of government decisions.”

The Foreign Minister then provided more details about Cuba’s “protection of the right to life. . .; law enforcement authorities . . . [being] subject to rigorous control processes and popular scrutiny.; . . .There has been no impunity in the very few cases of abuses involving law enforcement agents and officials;” no traffic in firearms; continued strengthening of “people’s participation in government decision-making and the exercise of the freedoms recognized under the Constitution and the law;” increased “effectiveness of the control exercised by all citizens over the activity of state organs, elected representatives and public officials;” advancing “the promotion of the right to full equality; in the struggle against elements of discrimination based on the color of the skin and against women;” and increasing “support to prevent and cope with manifestations of discrimination based on sexual orientation and gender identity.” He also mentioned increases in numbers of civil society organizations, and said defenders of human rights enjoy government recognition and support.

However, in Cuba, “the legal system cannot be infringed upon or subverted to satisfy a foreign agenda that calls for a change of regime, the constitutional order and the political system that Cubans have freely chosen. Those who act this way are not worthy of being described as human rights defenders; they rather qualify as agents to the service of a foreign power, according to many western legislations. (Emphasis added.)

Cuba has continued to strengthen its cooperation with the UN mechanisms that take care of these issues. . . We have strictly complied with all . . . 44 of the 61 international human rights instruments [into which we have entered.]”

“Cuba has continued to promote initiatives at the [U.N.] Human Rights Council and the Third Committee of the UN General Assembly, for the defense of human rights, including the rights to development and peace. We have consistently opposed every attempt to politically manipulate said bodies; selectivity as well as double standards.”

Likewise, “huge efforts are being made, amid adverse financial conditions, to preserve the purchasing power of salaries and pensions, improve access to food, adequate housing and public transportation, while preserving and even enhancing the quality of universal and free education and public health. No one will ever be left to his or her own fate in Cuba.”

“We cannot but mention our condition as a small island developing country, faced with an unfavorable international economic situation, characterized by the prevalence of irrational and unsustainable patterns of production and consumption; market regulations and non-transparent and less than democratic international financial institutions. Added to this are the adverse effects of climate change and the impact of natural disasters of high intensity on our economy. Substantial resources should be invested to cope with them. (Emphasis added.)

“The strengthening of the economic, commercial and financial blockade imposed by the United States against Cuba and its extraterritorial implementation causes deprivations and continue to be the main obstacle to the economic and social development of the country. This unjust policy, which has been rejected by the international community, violates the purposes and principles of the UN Charter and International Law and represents a flagrant, massive and systematic violation of the human rights of our people, thus qualifying as an act of genocide under the Convention for the Prevention and Punishment of the Crime of Genocide of 1948.” (Emphasis added.)

“We demand the return of the territory usurped by the US Naval Base in Guantánamo, where the United States maintains a detention camp in which serious human rights violations and acts of torture are committed.”(Emphasis added.)

We are opened to dialogue and will offer all the necessary information based on the respect and objectivity that should characterize this exercise, in which there should be no double standards or politically motivated manipulations, which we will not accept, because, as was expressed by the President of the Council of State and Ministers, Comrade Miguel Díaz-Canel Bermúdez on April 19, “there is no room for a transition that ignores or destroys the legacy of so many years of struggle. In Cuba, by the decision of the people, there is only room for the continuity of that legacy with the Revolution and the founding generation, without giving up to pressures, without fear and setbacks, always defending our truths and reasons, without ever renouncing sovereignty and independence, development programs and our own dreams.” (Emphasis added.)

During the hearing a total of 339 recommendations, many of which are repetitious, were made. Many countries, especially those friendly with Cuba like Russia and China and developing countries, made no recommendations at all. Others were more critical: members of the European Union (EU), United States, Japan, Canada, but also Mexico, Peru, Costa Rica, Brazil, Chile and Uruguay. Gabriel Salvia, the General Director of the Center for the Opening and Development of Latin America, said, “It is a great step forward for more Latin American countries to point out the human rights situation in Cuba,”

Near the end of this section of the hearing, the U.S.’ 50-seconds were the sharpest against Cuba.[4] Michele Roulbet, the U.S. delegate, said:

“The April presidential transition again robbed the Cuban people of any real choice in shaping their country’s future; the same actors are in charge, many just with different titles, selected in a process that was neither free nor fair. The government stacked the system against independent candidates, none of whom were able to run for seats in the National Assembly, which selected the president.”

“The Cuban government continues to criminalize independent civil society and severely restricts the freedoms of expression, association, religion or belief and the right of peaceful assembly. It routinely applies laws to silence journalists and critics, and punishes those working to expand access to information and freedom of expression for those in Cuba.”

In an “attempt to silence opposition voices, the government reportedly continues to use arbitrary and politically motivated detentions, torture, harassment, and travel prohibitions. Recent examples of this include those who attempted to monitor the undemocratic presidential transition; those who have advocated for political change; and those who were prevented from participating in the 2018 Summit of the Americas in Lima and this UPR process.”

The U.S. then made the following three recommendations to Cuba: (1) “Reform its one-party system to allow for genuinely free and fair multi-party elections that provide citizens with real choices [regarding their government. “(2) “Cease the practice of arbitrarily detaining journalists, opposition members, and human rights defenders, including preemptively, and adopt a legal framework that ensures judicial independence.” (3) “Release arbitrarily detained or imprisoned individuals who were detained and imprisoned for peaceful assembly, investigate and report on government activity, or express political dissent, and allow them to travel freely both domestically and internationally.”

About midway through this section, Cuba responded to some of the criticisms. It denied the existence of political prisoners in Cuba, restrictions on the right to strike, or even the obstacles to travel freely, while insisting on the independence of the justice system. Cuban. Foreign Minister Bruno Rodríguez described the alleged dissidents and human rights activists as “agents of a foreign power,” a regular practice of the regime to attempt to discredit opponents.

Foreign Minister Rodriguez in his final statement at the hearing said, “It is regrettable that certain countries are continuing to manipulate the human rights question for political ends, to justify the embargo on Cuba and ‘regime change.’ hey have no moral authority and on the contrary are the perpetrators of extensive, well documented and unpunished violations of human rights; they ride roughshod over the aims of the Universal Periodic Examination and persist in selectivity, double standards and the politicization of human rights.” (Emphasis added.)

“These practices, which in recent years have started to reemerge, discredited the [former U.N.] Commission on Human Rights and prompted its replacement by this Council. We will be on a retrograde path if we allow such deviant practices to be consolidated in the Council’s work. Respectful dialogue reflecting the principles of objectivity, impartiality and non-selectivity; and the respect for each people’s self-determination, its right to decide its own political, economic, social and cultural system, and its development model, are the cornerstone of international cooperation in this area.” (emphasis added.)

“A small number of the recommendations have an interventionist character, contrary to the spirit of cooperation and respect on which this exercise is based. One of the recommendations is strange: it is the United States which is prohibiting its citizens from travelling to Cuba and restricts their freedom to travel; it is Washington which is denying Cubans, Cuban families, consular services and visa issue at its embassy in Havana.” [These recommendations will be rejected.] (Emphasis added.)

We are keeping to our “socialist and democratic revolution, with the humble and for the humble” proclaimed by Commander-In-Chief Fidel Castro and inspired by José Martí’s brotherly formula: “With everyone and for the benefit of everyone”.

Immediately after the Geneva hearing, from the U.S. Mission to the U.N. in New York City, U.S. Ambassador to the U.N., Nikki Haley, issued a statement. It said that the UPR process expects countries “to allow independent civil society organizations to fully and freely participate in their UPR process. However, the Cuban government blocked independent Cuban civil society members from traveling to Geneva to participate in their review process, just as they did last month when they blocked Cuban civil society members from traveling to Peru to participate in the Summit of the Americas.” (Emphasis added.)

Ambassador Haley added, “A country with a human rights record as abysmal as Cuba’s is no stranger to silencing its critics. But the Cuban government can’t silence the United States. We will continue to stand up for the Cuban people and get loud when the Cuban government deprives its people of their human rights and fundamental freedoms and robs them of free, fair, and competitive elections, denying them the opportunity to shape their country’s future.” (Emphasis added.)

Meanwhile the live webcast of the hearing was watched in Miami by some Cuban-Americans, who were gathered at the headquarters of the Cuban Democratic Directorate, whose website says, “Since its inception in 1990, the Cuban Democratic Directorate has been characterized by a consistent and cohesive strategy for liberty and democracy in Cuba.” The Miami-based Foundation for Human Rights in Cuba, which was established in 1992 “to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations,” complained that Cuba had flooded the Office of the U.N. High Commissioner for Human Rights with letters sent by Communist Party organizations, the Cuban Women’s Federation and other organizations affiliated with the government that contained “absurd praise about the Cuban system.”

Following the UPR hearing, Cuba this September will submit a formal response to the recommendations, and the Working Group then will prepare a draft of the Outcomes Report. This report will provide a summary of the actual discussion, including the questions, comments and recommendations made by States to Cuba, as well as the responses by the Cuban Government.

Such outcome reports are not all that illuminating. For example, the one for Cuba’s prior review in 2013, which probably will be a lot like the one forthcoming for this latest review,[8] contains a summary of the hearing–presentation by Cuba (para. 5-26), interactive dialogue and responses by Cuba (paras. 27-169)—and a mere sequential listing of the repetitive recommendations made by the states at the hearing (paras. 170.1-170.291) although there also is an integrated more useful 45-page “thematic matrix of the recommendations.”

Another document from 2013 set forth Cuba’s views on these conclusions and recommendations and its voluntary commitments. It listed many recommendations that “enjoy the support of the Government of Cuba;” others that have been noted by the Government; and the following 20 that did “not enjoy the support of the Government:”

Amend the Law of Criminal Procedure in order to avoid the cases of indefinite extension of the preliminary investigation

170.171

Romania, Estonia & Hungary

Remove restrictions on freedom of expression notably concerning the connection to the Internet; Reconsider all laws that criminalize or restrict the right to freedom of expression & right of internet freedom; Lift restrictions on rights to freedom of expression that are not in accordance with the Universal Declaration of Human Rights; ensure affordable & unhindered access to the internet for all.

Take further measures to improve freedom of expression by allowing for independent media & improving access to information through public access to internet by taking advantage of the recent investment in the fiber optic network

170.182

Austria

Guarantee free, free & independent environment for journalists and ensure that all cases of attacks against them are investigated by independent & impartial bodies

170.183

Netherlands

End repression, investigate acts of repudiation & protect all persons who are targets of intimidation or violence

170.184

Poland

Liberate immediately & unconditionally all prisoners held in temporary detention or sentenced in connection with exercising their freedom of opinion & expression as well as freedom of assembly & association

170.187

U.S.A.

Release Alan Gross and imprisoned journalists such as Jose Antonio Torres immediately. [Gross was released on 12/17/14]

170.188

Australia

Stop limitations on civil society activities, including short-term detention of political activists

Reduce government influence & control over internet as part of a broader commitment to freedom of expression

170.193

Germany

End online censorship

The report finally has to be adopted at a plenary session of the Human Rights Council. During the plenary session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review. Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for stakeholders to make general comments.

Conclusion

After the final adoption of the Outcomes Report, the Council has no authority or power to compel Cuba to do anything. Instead, Cuba “has the primary responsibility to implement the recommendations contained in the final outcome.”

“The shift from global population growth toward population decline is emerging as one of the least appreciated forces that is, along with urbanization and digital disruption, upending the political and economic status quo.” A major factor in such decline is “allof East Asia, allof Europe, and all of North America are experiencing birthrates that are below replacement level — which means, simply, were it not for immigration and longer life spans, all of these regions would be experiencing year-to-year population decline.” (Emphases in original.) So say Philip Auerswald, associate professor at George Mason University, and Joan Yun, the president of Palo Alto Investors.[1]

“In the world’s largest cities, where populations are densely concentrated and growing, economies are generally thriving and cosmopolitanism is embraced. Where populations are sparse or shrinking, usually in rural places and small cities, economies are often stagnant, and populism sells.”

The appeal of populism, they say, is caused by “Nativist, nationalist rhetoric — “Make America (or Whatever Other Country) Great Again” — [which] appeals because it promises to restore the rightful economic and cultural stature of ‘common people’ in relation to a decadent urban intelligentsia.” This especially is true in “rural, remote places [that] have been disproportionately losing not just jobs and opportunities, but people, elementary schools and confidence in the future.”

The Russian Federation is “in the vanguard of both demographic decline and the political exploitation of the frustrations it engenders,. . . , it is a country whose population began to shrink 15 years before Japan’s; a country whose leader declared in a 2006 address to the nation that the demographic crisis was “the most acute problem” facing his land; a country in which the battle between the rural “narod” (the common people) and the urban intelligentsia was a defining feature of political life for most of a violent century.”

Other blog posts have discussed various aspects of this problem in the U.S. and the resulting need, in this blogger’s opinion, for increasing , not decreasing, immigration.[2]

Desiree Llaguno, a Cuban attorney and member of the Society of International Law of the National Union of Jurists of Cuba, claims that Cuba has one of the best human rights records in the world. This assertion was published in Granma, the official newspaper of the Communist Party of Cuba, on May 14, the day before Cuba’s Universal Periodic Review (UPR) by the U.N. Human Rights council in Geneva, Switzerland.[1]

The foundation for this claim is Cuba’s ratification of 44 of the 61 international human rights instruments. In so doing, Cuba adopts and incorporates those obligations to “the national reality.” In at least one instance (the Convention on the Rights of the Child), Cuba exceeds the obligations of the treaty.

Another pillar of this claim was the assertion that in its last UPR in 2013, of the 292 recommendations for improving its human rights record, Cuba accepted 230, took note of another 40 while rejecting only 20 which it claims contained “interventionist positions.”

In contrast, Cuba says, the U.S. has ratified only 18 of these 61 international treaties.[2]

As summarized in a previous post, Cuba’s human rights record is now undergoing its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. That post also discussed Cuba’s national report, submissions by stakeholders (NGO’s and others), a summary of U.N. information about Cuba and information about a pre-session hearing. Now we look at the questions submitted to Cuba in advance of the Council’s hearing on May 16 and an unusual criticism of Cuba by the U.N. High Commissioner for Human Rights along with additional background information about the Council and the UPR.

4.How will Cuba secure free and unrestricted travel for all of its citizens?

Switzerland

1.What did Cuba do to guarantee free and open participation of all citizens in its last election?

2.How many Cuban citizens were candidates in the election “without being a member of an officially recognized Cuban institution [e.g. Communist Party]?

3.Is Cuba broadening the list of legal private businesses (cuentapropistas)? Is Cuba reviewing the definition of cuentapropistas to include self-declared human rights organizations, independent journalists and bloggers and community-based organizations?

4.Will Cuba amend its constitution to eliminate the subordination of the Supreme court to the National Assembly and to the Council of Ministers?

5.How is the Cuban Criminal Code’s concept of “pre-criminal social dangerousness” interpreted?

6.How do families have transparent and open information about a family member who is a temporarily detained as an alleged criminal?

United Kingdom

1.Will Cuba allow the development of independent political parties, including their legal registration and participation in future elections?

2.How does Cuba ensure that all Cubans are able to participate fully in political and electoral processes?

3.Will Cuba end laws and policies that apparently give primacy to the principle of national unity?

4.Will Cuba move towards international independent verification of the condition of its prisons and detention facilities?

5.Will Cuba bring its laws into compliance with international human rights standards on freedom of expression, association and assembly?

U.S.A.

1. Will Cuba ensure that members of the political opposition, including independent candidates, can participate freely and without threats?

2. When will Cuba allow members of Ladies in White and all other citizens to exercise their rights to peaceful assembly and freedom of expression, religion and association?

3. How does Cuba ensure that those responsible for violations and abuses of human rights and labor rights (including members of the police, military and security services) are investigated and held responsible?

4. Will Cuba respect the rights of peaceful assembly and freedoms of assembly, expression and association of members of the Independent Union Association of Cuba and all other workers and representatives?

5. How is Cuba promoting access to information and access to an Internet that is open, interoperable, reliable, secure and affordable to its citizens?

At a May 11 press briefing, a spokeswoman for the U.N. High Commissioner for Human Rights released statements of concerns about human rights in Cuba and four other countries. Here is what was said about Cuba:

“There are deeply worrying reports that officials in Cuba have prevented a number of human rights defenders and civil society representatives from boarding flights to travel to meetings abroad on the pretext of requiring more detailed identity checks. These measures have resulted in passengers missing their flights and therefore the meetings, which in some cases were organised by a UN entity.”

“So far this year, the UN Human Rights Office has received direct information relating to 14 cases of Cubans being told by officials that the computer system required extra screening. We are also aware of reports that dozens of other people may have been stopped in this way from travelling, allegedly with no explanation by the Cuban authorities as to why they were held up nor on whose orders”

“These cases suggest that these additional checks are being used deliberately as a form of intimidation, pressure and harassment against certain individuals. Civil society organizations have also told us that they were informed verbally by the authorities that their representatives would not be allowed to leave the island before June.”

“We have previously expressed our concern at the harassment and intimidation of human rights defenders in Cuba, including the arbitrary arrest and short-term detention of individuals, particularly before, during and just after demonstrations. “

“We call on the Cuban authorities to respect everyone’s right to freedom of expression and to freedom of movement, and to ensure that human rights defenders and civil society representatives are not unjustifiably prevented from travelling, including those planning to attend UN meetings, in particular the Universal Periodic Review of Cuba on 16 May in Geneva.”

“Article 13 of the Universal Declaration of Human Rights states that, ‘everyone has the right to leave any country, including his own, and to return to his country.”’Article 19 of the Universal Declaration states that ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’”

“The UN Secretary-General presents an annual report to the Human Rights Council on intimidation and reprisals, and in October 2016 the Assistant Secretary-General for Human Rights, Andrew Gilmour, was designated to lead the monitoring and response to reprisals for cooperation or intimidation, including that which aims to discourage or prevent future co-operation with the UN system. Cuba was among the countries named in the last two reports.”

“The UN Human Rights Office will continue to monitor such cases to ascertain whether they merit inclusion in the next report.”

The Council is made of 47 U.N. Member States, which are elected by the majority of members of the U.N. General Assembly through direct and secret ballot. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

The Council’s Members serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The seats are allocated on the following geographical basis:

African States: 13 seats

Asia-Pacific States: 13 seats

Latin American and Caribbean States: 8 seats

Western European and other States: 7 seats

Eastern European States: 6 seats

The current members include Cuba and the United States, both of whose terms expire on December 31, 2019, while Venezuela is also a member with its term expiring on December 31, 2018.

The UPRs are conducted by the Council’s 47 members acting as an UPR Working Group. In addition, any other U.N. Member State can take part in the review.

Each State’s review is assisted by a groups of three States, known as a “troika,” who serve as rapporteurs. The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly

For Cuba’s third UPR the Troika members are Egypt, Nepal and Peru.

The May 16 hearing will last three and a half hours, during which the state under review is given 70 minutes to present its report, as well as answer questions made by other states and present concluding remarks. The remaining 140 minutes are allocated to states participating in the review to ask questions, make comments and recommendations to the state under review.

The second stage of the process will be take place during the Council’s 39th period of sessions in September 2018, at which time the final report will be presented by the Troika.

During the week of May 7 the Economic Commission for Latin America and the Caribbean (ECLAC), one of five U.N. entitles promoting economic and social development in the world, is holding its 37th biennial session, this time in Havana, Cuba.

Three important opening speeches were delivered on May 8 by Cuba’s President Miguel Diaz-Canel, ECLAC’s Executive Secretary Alicia Bárcena and U.N. Secretary-General Antonio Guterres, a native of Portugal. Here are highlights of these speeches.[1]

“ECLAC, which for decades has been a benchmark for economic and social knowledge in Latin America and the Caribbean, at a regional and global level, has contributed decisively to placing equity at the center of development, has shown that the region continues to be the most unequal planet, and has studied certain structural causes of the problem, which will surely be addressed in this meeting.”

“It is necessary to transform the culture of inequality, associated with the colonial past of our nations and which particularly affects the indigenous populations, people of African descent, girls and women. It is also, in our opinion, a consequence of imperialism, neoliberalism, macroeconomic policies that for decades favored the transnationals and deepened the differences: of classes, by the color of the skin, territories and urban and rural population.”

“There will also have to be serious challenges that include the slow growth of productivity, the lack of diversification of the productive structure and poor technological modernization.”

“There is no other option but to advance regional integration and development with equity, which will lead us to reverse the pyramid where, in the main countries of the region, the richest 1% of the population appropriates a huge part of the population’s riches.”

“ECLAC correctly points out, ‘inequality has not only economic, but also political, social and cultural implications’”.

“The distribution of income and wealth is the central element in closing this gap and for this, States must have access to food, work, quality education, health, and the right to education. culture and better conditions of existence.”

“While it is true that we must address, as the central theme of this meeting, ‘the inefficiency of inequality,’ the real objective must be the ‘search for equal opportunities and social justice’ and, consequently, the reduction and elimination of the growing poverty, suffered by hundreds of millions of Latin Americans and the Caribbean.”

“The recent history of the region showed that adequate public policies led to successful results of social progress and economic growth that drew tens of millions of people out of hunger, illiteracy and lack of culture, as reported by ECLAC. It would be inadmissible and cruel to attempt to impose a neoliberal wave like the one that made our peoples go back a decade.”

“It is necessary to fight to make the theme of the Sustainable Development Agenda 2030 a reality, that is, that ‘nobody is left behind’”.

“With the Paris Agreement, a path leading to confronting climate change may have begun, affecting all of us in one way or another; but in the Caribbean States these threats multiply and impose enormous strains on their economies that require special and differentiated treatment, and, at the same time, greater support, solidarity and cooperation.”

“It is essential that, when addressing the issue of inequality, we also do so with access to knowledge.”

“Information and communication technologies favor development. To reduce the gap between ‘those who have’ and ‘those who do not have”, and between rich and poor countries, it will be essential to try to eliminate the difference between ‘those who know”‘ and ‘those who do not know,’ between knowledge and the ignorance.”

“We must bet on a use of these technologies that promotes social solidarity, creates values, contributes to peace and the economic, cultural and political sustainability of our nations.”

“In the same way, the growing monopolization of the media and the attempt to impose, through them, a single thought, consumerism, manipulation of the will of people and values ​​far removed from it, obliges us to reflect and constantly analyze. the realities and aspirations of our countries.”

“For our part, despite the difficulties facing the Cuban economy, particularly due to the intensification of the blockade imposed on Cuba for almost six decades, we will continue to focus on the development goals set in order to preserve, expand and deepen our achievements.” (Emphasis added.)

“We work on the preparation of a National Plan for Economic and Social Development until 2030, whose strategic axes are intertwined with the Sustainable Development Goals, as part of the process of updating the Economic and Social Model, begun in 2011, governed by the premise inviolable not to leave any homeless citizen. We will never apply the known shock therapies that only affect the most needy.”

“In a particular way, we reiterate in this forum the commitment of Cuba with solidarity cooperation towards other countries, based on mutual respect, selfless help and complementarity. Despite shortcomings and difficulties, we will maintain this will, following the principle of sharing what we have, not what we have left.”

“We have received the presidency pro tempore of ECLAC for the period 2018-2020, and of two of its subsidiary bodies: the Committee for South-South Cooperation and the Forum of the Countries of Latin America and the Caribbean on Sustainable Development.”

“We do so with a high commitment and awareness of the challenges we face, focused on continuing to promote cooperation among the countries of the region in the materialization of the new 2030 Agenda. We will put our efforts in supporting ECLAC’s vocation to promote the search for a fair, equitable and inclusive world that recognizes people as the central element of sustainable development. We will strive to promote unity within diversity. . . . [while] ratifying the thesis of José Martí: ‘the good of many is preferable to the opulence of a few.’”

Cuba “is testing its own paths in the face of the brutal human costs that the imposition of an unjust blockade has imposed for more than 50 years. We evaluate it every year, as an Economic Commission, and we know that this blockade costs the Cuban people more than 130 billion dollars, at current prices, and that it has left an indelible mark on its economic structure. (Emphasis added.)

“As of 2010, ECLAC has positioned equality as a fundamental value of development and as an irreducible ethical principle and in synchrony with the growing relevance of the issue in citizen demands.”

“We have said that equality is at the center of development, because it provides policies with an ultimate foundation centered on a rights approach, with a humanistic vocation that reflects the most precious heritage of modernity. It is also a favorable condition to move towards a development model focused on closing structural gaps and technological convergence that allows us to advance to higher levels of productivity, with economic and environmental sustainability, thinking about future generations.”

“Today we take a step further and we bring you a proposal and a bet, with policy proposals that we have expressed in the document called: The inefficiency of inequality.”

“We affirm that inequality is not only unfair, but inefficient and unsustainable. We have brought empirical evidence to show this statement, why it is inefficient. Not only from the social point of view is unacceptable, but from the economic point of view is not viable for the future.”

“Why do we affirm this? Because it generates and sustains institutions that do not promote productivity or innovation, because it rewards or punishes class, ethnic or gender belonging, and because it generates a culture of privilege that reinforces these inequalities, which incorporates inequality into social relations as if it were something natural, as if it were something acceptable, and it reproduces it in time.”

“Discrimination closes opportunities and also represents the loss of learning and innovation paths favorable to productivity, especially in the discrimination of women. The glass roof that restricts the advancement of women in their careers is also a ceiling to productivity.”

“Today in our continent poverty has the face of a woman. One third of Latin American and Caribbean women do not manage to generate income and are economically dependent, and when they do, their salary is significantly lower than that of men with equal education and skills.”

“The costs of excluding institutions are many, let’s notice the great losses of potential productivity that result from the inequality of access to education and that occur in a generation and sometimes in our region are transmitted to other generations, intergenerationally, and this is especially serious in the context of the technological revolution, where the capacities . . . to absorb technical progress endogenously, are indispensable to compete and generate employment.”

“Our endemic structural heterogeneity is the factory of inequality, it has its roots in the culture of privilege, and it emerges, precisely, in that conjunction of structures with little diversification, low intensity of knowledge, and inefficient institutions. That is why we propose a path, to move from the culture of privileges to the culture of equality, to achieve these tasks that are undoubtedly associated with growth and productive diversification with innovation. But we must . . . expand our fiscal spaces to sustain financing capacity and also to protect those citizens who are going to be marginalized in the context of these profound transformations, especially in the world of work.”

“We bet on a new welfare regime, which is based on public finances that move from the current role of crisis management to one that is development-oriented, progressive and sufficient tax systems, increase in public investment, which is the most punished variable when there is a matter of fiscal consolidation, increase in public investment and social spending, to achieve just closing these structural gaps.”

“We need a macroeconomics for development, which seeks to preserve. Yes, real stability is very important . . . in those decades where it was so urgent to preserve and achieve real stability and financial stability through policies . . . that protect . . . public investment.”

“A determined struggle against corruption in the public and private sphere is required. It is sad . . . that 57% of Latin American citizens do not trust their institutions; we have to change this. That is why a mechanism is urgently needed, renewed institutions that allow greater control on the part of citizens: If paying taxes is a duty, monitoring public spending is a right. . . . [Because] no matter how hard the countries try to make a fiscal discipline, a national fiscal policy, it will be necessary to establish global fiscal rules to eradicate the transnationalization of the evasion, the tax illusion and ending the scheme of globalized fiscal privileges.”

“The increase in investment rates in Latin America remains a pending task. Notice that the levels of gross fixed-capital formation have been below the levels recorded in other regions, while Latin America has been around 20%, East Asia has reached very high levels, over 30%, reaching sometimes 40%. We can no longer ignore it, the growing gap between these two regions is closely linked to investment and innovation.”

“That is why today we want to reinforce our conviction and commitment to propose, to build together with the Member States, precisely, this road that we have to travel together, also making an accurate reading of what is happening in the present. Because it is true that we have better prospects for global growth, that there is better synchrony, more than 140 countries growing at the same time; but there are worrying contingencies and uncertainties.”

“We are also alert to trade confrontations between global economic factors, coupled with the return of more protectionist policies. We see with concern the deployment of a rapid technological revolution, which is difficult for us to keep pace and pace, while drawing potential threats to the future of work.”

“ECLAC in our region has projected for this year a growth of 2.2%. We are growing again after a couple of years of recession, and also the trade picks up slightly with better prices in raw materials; but what is a pending task . . . is regional integration.”

“We must continue to fight for greater regional integration, not only commercial but productive with integrated industries . . . in our region. This is more necessary than ever, because our region . . . is still the most unequal region in the world. All our singular richness in natural resources and human capacities still does not translate into a more dignified life for all its inhabitants.”

“In this past year more than 187 million people continue to live in poverty and, of these, 62 million in extreme poverty. [This is a] warning sign, because we are committed to eliminate poverty in all its forms by 2030. Then we have to accelerate the pace and propose a great environmental impulse that promotes industrial and technological policies that deploy the range of low-carbon productive activities such as renewable energy.”

“The region must overcome a development style that expresses environmental inefficiencies and is highly exposed to the growing impact of climate change. And the truth is that we do not have to look for the evidence very far, the recent catastrophic events show it clearly.”

“The most affected part of our region, where all of us must strongly support each other is the Caribbean, and that is precisely why at ECLAC we have made the decision that in all ECLAC sessions there will always be a session of the First Caribbean. This is fundamental, because the historical magnitude of the hurricanes Irma and María underscore the urgency to act and act collectively.” (Emphasis added.)

“The economic costs of climate change in the region, calculated by ECLAC, to 2050 are between 1.5% and 5% of regional GDP. In some Caribbean nations, in the recent disaster, this calculation even reaches figures above 100% of GDP. This is what happens to us in the region and its impacts are not linear, they affect heterogeneously in different regions, periods and differently from social groups, especially the most marginalized.”

“Therefore, it is urgent that the civilizing agenda of the 2030 Agenda has equality in the center, with an identity and domicile in Latin America and the Caribbean, that from our history, from our rich diversity, from our shared hopes and challenges common we give it its own face, our institutions and we impose the urgencies that our reality demands.”

“The 2030 Agenda outlines a way to launch a new generation of policies and institutions, a new style of development and achieve a virtuous circle of growth, equality and sustainability. We owe it to the present and future generations.”

“Decade after decade, ECLAC has been a progressive paradigm and authoritative voice of social justice in the world economy. The Commission has played a precursor role in integrating the economic, social and environmental dimensions of development. ECLAC has promoted, with perseverance and courage, a vision of development that considers equality as the driving force of growth. You at ECLAC have focused on a deeper meaning of equality, have looked beyond income, as a measure of well-being and as a decisive test of development cooperation, and have always maintained attention to equality of rights in its broadest sense, economic, social and political equality.”

“ECLAC has done everything on the basis of solid, rigorous research and delivery to share experiences that link national priorities with global deliberations.”

“Seventy years after its founding, ECLAC continues to be present where it has always been, in the first line of efforts to promote an equitable globalization, presenting empirically based policies, technical analysis and knowledge aimed at forging an economic, structural and progressive transformation .”

“This decision and this approach are now more necessary than ever before. We know the challenges facing our world. It is true that globalization has brought many benefits: more people have emerged from extreme poverty than ever before, the global middle class is greater than ever, more people have a longer and healthier life, but too many people are left behind. Women are still less likely to participate in the labor market and gender wage inequality remains a global concern.”

“Unemployment among young people reaches alarming levels, with a tragic impact on the well-being of young people, on the development possibilities of countries and even in some parts of the world with a negative impact on security.”

“Fundamental inequalities make it more difficult for people to enjoy better health, education and access to justice. These inequalities make it harder for people to earn a decent salary and live with dignity. For more than a generation, the richest 1% of the world’s income has grown twice as fast as the poorest 50%.”

“Like it or not, the increase in inequality has become the face of globalization and has generated discontent, intolerance and social instability, especially among our youth.”

“People wonder, rightly: What world is this in which a handful of men – because the richest in the world are men, in extreme wealth gender inequality also exists – accumulates the same amount of wealth as half poorest of humanity?”

“At the same time, the way we live and work is being transformed by the effect of technologies, from bioengineering to artificial intelligence and much more. But we must take advantage of the potential of the fourth industrial revolution and at the same time protect ourselves from the risks it poses. This is probably the most difficult challenge that we will have in the next two decades, making the fourth industrial revolution an origin of wellbeing and progress and not a risk that can have very negative consequences for the lives of our societies and our economies.”

“In an increasingly complex and multipolar world, we must redefine the concept of development, especially in transition regions and middle-income countries, such as those in Latin America and the Caribbean.”

“I congratulate ECLAC for partnering with the European Commission and the Development Center of the Organization for Economic Cooperation and Development to allocate a fund of 10 million euros to countries in transition. We need a global economy that benefits everyone and creates opportunities for all. We need an equitable globalization.”

For this, . . the 2030 Agenda is our fundamental contribution. The eradication of poverty is and remains our top priority. The 2030 Agenda is our road map, and its objectives and goals are the instruments to achieve that goal of eradicating extreme poverty.”

“The objectives of Sustainable Development make clear our ambition and our commitment: to empower women, achieve productive inclusion of young people, reduce climate risk, create decent jobs, demobilize clean investments in favor of inclusive growth and offer dignity and more opportunities for everyone on a healthy planet.”

We “must support the efforts made by the countries to mobilize their internal resources; but those efforts must be accompanied by a stronger commitment on the part of the international community to combat tax evasion, money laundering and illicit financial flows.”

“The audacity of the 2020-2030 Agenda calls for equally bold changes in the work and activities of the United Nations. Our efforts to reposition the United Nations Development System are based on creating a new generation of country teams that support countries, that reinforce national leadership and promote national ownership in favor of sustainable development.”

“We are committed to creating a system that responds to demand, aimed at achieving results at scale and rendering accounts for the provision of support to make the 2020-2030 Agenda a reality. The support of ECLAC is essential to help the countries of the region to implement the Agenda and sustainable development.”

“In September 2019, I will convene a climate summit in New York, where leaders from all fields will meet to fulfill the Paris Commitments, but also to elaborate more ambitious plans for sustainable development, because the Paris Commitments do not they are enough; plans that are based on investment in a resilient and low carbon development.”

Conclusion

As is typical for occasions like this, grandiose language is used to proclaim the objectives of the organization. Whether such language is justified, only time will tell.

It was surprising to this observer to hear Executive Secretary Bárcena say anything about the U.S. embargo (blockade) of Cuba. It was even more surprising to hear her say that “the blockade costs the Cuban people more than 130 billion dollars, at current prices,” which happens to be the same amount claimed by Cuba last November in the U.N. General Assembly debate over the annual resolution against this U.S. embargo.[5]

Although the Executive Secretary said, “We [at ECLAC] evaluate it [the impact of the embargo (blockade)] “every year,” she did not provide details about the calculations or methodology that produced the amount of the alleged damages or who or what ECLAC office did that analysis. Nor did she indicate whether or not Cuban officials were involved in that ECLAC effort.

Nevertheless, Cuban officials undoubtedly were pleased to hear her make this pronouncement even though it does not constitute conclusive proof of such an amount (or any other amount). Instead, it is an another allegation that has not been subjected to U.S. (or any other) analysis, cross-examination or contrary evidence.

As this blog has suggested, both Cuba and the U.S. should agree to submit all of their damage claims against each other, including the embargo claim, for resolution to the Permanent Court of Arbitration at the Hague in the Netherlands under its Arbitration Rules 2012 before a panel of three or five arbitrators.[6]

These points regarding the alleged damages from the embargo (blockade) are notwithstanding this blogger’s consistent opposition to the embargo and urging the U.S. to end the embargo as soon as possible. It does not advance any real U.S. interest and obviously imposes some negative impact on Cuba. Moreover, the alleged damages obviously constitute a contingent liability of the U.S., and any rational actor should seek ways to reduce such a contingent liability, the easiest of which is stopping the practice.[7]

“Eighty-six-year-old Raúl Castro grabbed headlines last week when he ceded the title of president to 58-year-old civilian Miguel Diáz-Canel. Too bad this change at the top is nominal when it comes to freedom for the Cuban people.”

“Mr. Diáz-Canel is . . .[not] an independent thinker. Cubans have every reason to believe him when he says, as he did in his acceptance speech, that he is committed to preserving a police state. If Mr. Diáz-Canel wants to keep his job and privileges, human rights won’t be on his agenda.”

“Raúl still leads the Communist Party and has kept the two most powerful regime positions under his control. Col. Alejandro Castro Espín, his son, runs counterintelligence for the Interior Ministry that controls the secret police. Gen. Luis Alberto Rodríguez López-Callejas, Raúl’s former son-in-law, is top dog at GAESA, the military’s holding company that owns the tourism industry, the shipping company, the airline, construction companies, auto imports and sales, the real-estate business, the banks and control of container traffic at the Port of Mariel. Ramiro Valdés, a regime enforcer, still sits on the Council of State, Cuba’s highest government body.”

. . . .

“Now Havana’s crime family has again run out of other peoples’ money. Its largest sources of hard currency are the doctors and nurses who live in poverty while Cuba “rents” them to countries around the world. Yet even this multibillion-dollar human trafficking isn’t enough to support the broken Cuban economy.”

“President Trump has reined in some of Barack Obama’s executive orders that made it easier for Americans to travel to Cuba. But the regime’s bigger problem is that investors who kick the tires on the Castro jalopy increasingly walk away. There are plenty of opportunities in emerging markets these days, and the smart money doesn’t want gangsters for partners.”

“Promises of greater economic freedom for Cubans have never materialized. Small businesses can operate as long as they are subsistence operations. But they can’t hire and the regime has again cracked down on permitting lest it lose control. Cuba’s poverty suggests something has to change. But liberalization is not in the interests of the Castro family or the military. And they’re still in charge.”

On May 6 Cuban Ambassador José Ramón Cabañas Rodríguez responded to this editorial with the following letter to the Journal.

“The U.S. corporate press has always been predictable in its articles on Cuba and even more so when it comes to its editorials. Newspapers such as yours were against Cubans being free from Spanish power in the 19th century. Later on, they commended local corrupt politicians who supported the invasion—first militarily and then economically by American companies during the first half of the 20th century. Finally, those newspapers relentlessly demonized the Cuban Revolution since 1959.”

“However, I was caught off guard by the sordidness of the language used by your editorial board when referring to my country. It is the typical exercise of those who are left without arguments. There is still a financial, economic and commercial embargo imposed on Cuba intended to starve our population into submission. However, the information blockade has decreased. Americans massively travel to Cuba and 75% of them support a better relationship with our country.”

“Your renewed efforts to promote the business of the ‘dissidence’ in Cuba will not have the slightest success. History is wise and has forgotten (and will forget) the names of the annexationists of Cuban origins, but any educated human being who inhabits the earth today will be able to tell you about Carlos Manuel de Céspedes, José Martí, Antonio Maceo, Julio Antonio Mella, Ernesto Guevara and Fidel Castro; those are the names of the pro-independence figures.”

“To maintain a part of the audience you still have, before criticizing Cuba again, or any other Latin American or Caribbean country for that matter, please start by looking at yourselves in the mirror.”

Conclusion

Although I believe that U.S. policies regarding Cuba are heading the wrong direction in the Trump Administration and deplore its abandonment of many (but not all) aspects of the Obama Administration’s opening of relations with Cuba and although I have met and respect the Cuban Ambassador, this exchange or argument is unsatisfying.[3]

The Journal, given its general support of free markets and capitalism, should have (a) encouraged the Cuban government to engage in further efforts to promote the expansion of its private sector of bed-and-breakfasts, restaurants and other ventures and (b) criticized some of the Trump Administration’s policies that discourage such Cuban expansion of free enterprise and markets.

Such efforts enable Cubans to increase their financial circumstances and offer better-paying jobs to other Cubans and thereby provide the Cuban economy with desperately needed boosts. Cuba’s efforts last year to restrict such expansion were misguided out of fears of changes.

This would have forced the Cuban Ambassador into the difficult position of trying to justify the regime’s clamp-down last year of expansion of the private sector. The Ambassador in this hypothetical, however, could have argued that the Cuban Government needed to be cautious on these issues because of illegitimate U.S. efforts, overtly and covertly over many years, to promote regime change in Cuba.

This year Cuba’s human rights record is a subject of its third Universal Periodic Review (UPR) by the U.N. Human Rights Council in Geneva, Switzerland. After reviewing the nature of the UPR process, we will look at the status of Cuba’s pending UPR.[1]

Background

The U.N. Human Rights Council since 2006 has been an important arm of the United Nations in recognizing and helping to enforce international human rights norms in the world.

One of the ways it does so is its UPR of individual U.N. member states. The UPR is universal in that all 193 U.N. members and all human rights norms are reviewed and it is periodic because it done every four years. Such Review is to be “based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.” This is to be done with “a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned.”

The UPR process involves (a) the state’s submission of a report to the Council; (b) submission of written questions and recommendations to the state from other states and stakeholders (human rights NGO’s, etc.); (c) the U.N. High Commissioner for Human Rights’ summary of U.N. information about the country; (d) a pre-hearing session with the country’s civil society representatives; (e) Questions submitted to the country in advance by the Working Group; (f) the hearing by the Council, (g) the preparation of a draft report on the state by a Council working group, (h) the state’s comments on that report, (i) another hearing before the Council and (j) the Council’s adoption of the final report on the outcome of the UPR.

Prior to the May 16, 2018, hearing on Cuba’s UPR, the following materials have been translated from their original language into five other languages and made available on the Council’s website: (a) Cuba’s National Report to the Council (March 5, 2018); (b) the Council’s Working Group on the Universal Periodic Review’s Summary of Stakeholders’ submissions on Cuba (March 9, 2018); and (c) the U.N. High Commissioner for Human Rights’ Compilation of U.N. Information on Cuba (March 16, 2018).

After discussing its {I) Methodology and consultative process, Cuba’s report provided information about its (II) Legal and institutional framework for the promotion and protection of human rights; (III) Achievements and challenges in the promotion and protection of human rights in Cuba since the previous review[in 2013]; and (IV)Cuba’s cooperation with the United Nations human rights machinery. The National Report asserted the following conclusions:

“153. Despite the conditions of underdevelopment inherited from a colonial and neocolonial past, the United States embargo against its people, the unfair and unequal international economic order in which it has been forced to participate and the destructive impact of hurricanes and other natural phenomena, the Cuban people have managed to make substantial progress, and they have continued to intensify their revolutionary transformation with the goal of building a society that is increasingly just, free, democratic, caring, participatory and prosperous.”

“154. The laws, institutions and functions of the Cuban State are based on the exercise of power by the great majority of workers, intellectuals, professionals and artists. There is a broad and active civil society. Cubans participate effectively and systematically in decision-making processes, not only in the political and electoral context, but also in the economic, social and cultural spheres.”

“ 155. The policy of hostility and blockade of successive United States Governments against Cuba has been a serious obstacle to the full enjoyment of the human rights and fundamental freedoms of Cubans, including their right to life, peace, self-determination and development.”

“156. Cuba cooperates with the non-discriminatory and universally applicable procedures and mechanisms of the United Nations machinery in the field of human rights. It confirms its willingness to continue moving ahead with international cooperation and a genuine dialogue on human rights.”

“ 157. The Cuban people will continue to vindicate and defend the Revolution that has made possible the enjoyment by everyone in the country of their civil, cultural, economic, political and social rights. Cuba will work to make it ever more efficient, productive and sustainable. It will continue to ensure with dignity, modesty and pride the right of its people to self-determination, development and peace, and it will work for the establishment of a just, democratic and equitable international order.”

One of the submissions came from Civil Rights Defenders, a Cuban NGO.[3] It called for the UPR to recommend that (1) Cuba reform its constitution “to include measures that guarantee all the fundamental rights, eliminating the ideological aspects, as well as the mentions of the Communist Party;” (2) Cuba ratify and implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; (3) the U.N. Special Rapporteur on the Situation of Human Rights Defenders investigate the situation of human rights defenders in Cuba, and carry out the pertinent monitoring and analysis in their future reports; (4) the U.N. appoint a special rapporteur to monitor non-discrimination for all citizens, especially historically vulnerable groups; (5) Cuba eliminate the death penalty; (6) Cuba make torture a crime; (7) Cuba eliminate precautionary pre-criminal measures frequently used against independent journalists, activista and opponents; (8) the U.N. report on arbitrary detentions in Cuba; (9) the Cuban constitution be amended to guarantee the habeas corpus procedure; (10) Cuba guarantee free movement of all Cuban citizens; (11) Cuba guarantee freedom of worship and conscience, expression, association and peaceful assembly; (12) Cuba establish an electoral law guaranteeing free participation of all citizens in the political system.

A submission that was supportive of the Cuban government and system came from Isaac Saney, Co-Chair and National Spokesperson of the Canadian Network On Cuba.

However, just this last weekend the government arrested and detained 24 members of the Ladies in White as they tried to participate in the #TodosMarchamos campaign for the release of political prisoners, or to attend mass.” Other activists with the Youth Front of the Patriotic Union of Cuba (UNPACU) were arrested and detained.[4]

This report in 67 paragraphs summarized comments about Cuba from various U.N. agencies, including recommendations that Cuba ratify certain human rights treaties; make enforced disappearances an autonomous offense; adopt measures to ensure that all arrestees have prompt hearings to limit pretrial detention; adopt an independent means for regular visits to places of detention; guarantee full independence of the judiciary and other branches of government; ensure that women had easy and secure access to justice, including free legal aid and victim protection programs; and prioritize adoption of the draft Family Code.

Of special concern were “allegations of harassment, intimidation and reprisals and, in certain cases, ill-treatment, arrests and violations of the rights to freedom of expression, assembly and peaceful association.” (Para. 28)

A related concern were “reports of intimidation and arrests of journalists working for non-State-run digital media” and Cuba’s not having “ a freedom of information law, defamation remained criminalized and those who produced or circulated publications without indicating the origin or in non-compliance with the rules relating to publication could face imprisonment for up to one year and/or a fine. The authorities of the Cuban Institute of Radio and Television, the regulatory body for radio and television broadcasting, were appointed by the Government. UNESCO encouraged Cuba to foster a more pluralistic and independent media environment in accordance with international standards, to set up an independent broadcast regulator to award and administer broadcast licences, to introduce a freedom of information law in accordance with international standards, and to decriminalize defamation and subsequently incorporate it into the Civil Code, in accordance with international standards.” (Para. 29)

Presumably one of the topics that will come up at the UPR hearing in May is the recent criticism of Cuba by the Council’s Special Rapporteur for Human Rights Defenders, Michel Forst, for Cuba’s “disqualification, reprisals and harassment of human rights defenders.,” especially the Ladies in White. He lamented Cuba’s refusal to recognize the value of the work of human rights defenders and reminded the Cuban government that “dissent and expressing dissent peacefully . . . are basic and necessary rights in a democratic State.”[5]

This criticism did not sit well with Cuba for on March 1, one of Cuba’s diplomats in Geneva called on Forst “ to ensure that in the performance of his duties a special priority be given to objectivity, a vital element for the credibility of his mandate.”

Starting in 2012, the Council added pre-sessions to the UPR process because of difficulties in arranging for presentations by civil societies of the countries under review. Such a pre-session was held for Cuba on April 13, 2018.

At this pre-session, the Cuban Observatory of Human Rights (OCDH), which is based in Madrid, Spain, said the Cuban government had demonstrated little commitment to human rights by its failure to ratify the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; by its failure to modify certain laws that allow the Government to discriminate for ideological or partisan reasons and by its ignoring most of the recommendations made in the prior UPR.

OCDH also recommended that Cuba establish the independence of the judiciary and create a constitutional guarantees chamber in the Supreme Court.

Other groups in attendance were the Ladies in White, the Cuban Foundation for Human Rights in Cuba, the Women’s Platform, the Hands Network (LGBTI, and the Group of 75.

However, the Cuban government prevented some representatives of Cuban civil society from leaving the island in order to attend this pre-session in Switzerland. They were Juan Antonio Madrazo Luna of the Citizens Committee for Racial Integration (CIR) and Dora Mesa of the Association for the Development and Early Childhood Education (ACDEI).

This blockage by the Cuban government was criticized by 12 permanent missions, including Germany, Czech Republic, Sweden, Belgium, Denmark, United Kingdom, Finland, Ireland, Slovenia and Croatia, The German representative warned that their absence hindered the main mission of the Council and raised many questions about the cooperation of the Cuban Government with the UPR, as a mechanism that seeks to contribute to the resolution of internal issues of countries in the area of ​​human rights. the delegate of Sweden said that the “empty chairs” were a sign of the plight of political activists around the world who put their lives at risk to make visible human rights violations on international stages and warned that his country “has its eyes on the situation of repression that human rights defenders live in Cuba and the actions of the Government.”

Conclusion

A future post will examine the Working Group’s Questions for Cuba in Advance of the Hearing, the Hearing and the final report.

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[1] The Council records indicate that Cuba’s first and second UPRs were conducted in 2009 and 2013. The U.S. has had UPRs in 2011-2012 and 2015, and its third is scheduled for October 2020. A previous post examined the first UPR of the United States In 2011-12.